Federal agencies routinely trade money, regulatory power, and governmental services with each other. Collectively, these interagency exchanges create a vast public institution that the author calls the interagency marketplace. The Article offers a comprehensive descriptive and normative account of the legal rules governing the interagency marketplace. The Article’s overarching claim is that the interagency marketplace has the potential to generate significant governmental efficiencies by allowing agencies to hire other, more expert agencies to perform tasks for them. However, efficient interagency exchanges are stifled by a set of outdated statutory rules. In particular, current restrictions on interagency redelegation—that is, the transfer of regulatory power from one agency to another—are too severe. The current prohibition on profits from services provided in the interagency marketplace is also misguided. Removing the bar on profits would create financial incentives for expert agencies to offer their services and enter into mutually beneficial exchanges with other agencies. At a time when the most pressing regulatory problems are beyond the capacity of any single agency, the law should do more to facilitate efficient interagency arrangements. The Article’s suggestions to broaden relegation powers and permit agency profits would move the law in this direction.
News & Events
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Volume 97 Lead Piece Profiled in New York Times
The Volume 97 Lead Piece, a study of how the Supreme Court treats business interests by distinguished legal scholars Lee Epstein, William M. Landes, and Richard A. Posner, was profiled in the May 5, 2013 edition of the New York Times. The story, titled Corporations Find a Friend in the Supreme Court, [...]
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Volume 98 Spring Submissions Closed
The Minnesota Law Review has closed the spring submissions period for Volume 98. Submissions for Volume 98 will reopen on Thursday, August 1. Please see the submissions page for more details.
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Volume 98 Submissions Will Open Feb. 15
The Minnesota Law Review will begin accepting submissions for Volume 98 on Friday, February 15, 2013. Please see this page for more details.
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Minnesota Law Review Announces Volume 98 Editorial Board
The Minnesota Law Review is pleased to announce its Volume 98 editorial board, headed by Editor in Chief Jake Vandelist.
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Minnesota Law Review Announces 2013 Symposium Topic
The Minnesota Law Review is pleased to announce that its 2013 symposium will address the legal and political issues facing organized labor in the United States. The symposium will be held at the University of Minnesota Law School on October 25, 2013.
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